BECHAN AND ORS. Vs. GAON SABHA

JUDGEMENT

(1.) Original Suit No. 221/1985 (Bechan @ Bechai and another v. Gaon Sabha) was instituted for the relief of permanent injunction. Originally, plaintiffs had filed suit against private person but during proceedings of case the original defendant's names was deleted and substituted by Pradhan of Gaon Sabha. The plaint case in brief was that plaintiffs (present appellants) are owner and bhumidhar in possession of plot no. 324, 325 and 326 situated in village Mirzapur. The defendant is threatening to take unlawful forcible possession of said land, therefore, plaintiffs had filed suit for permanent injunction for restraining them in their peaceful possession of plaintiffs.

(2.) The trial court had accepted written statement, framed issues, accepted the adduced evidences and thereafter Court of 12th Additional Civil Judge (J.D.), Azamgarh had passed the judgment dated 29.07.1998 by which original suit was partly decreed for plots no. 324 and 326 of village Mirzapur.

(3.) Against the aforesaid judgment of trial court, Civil Appeal no. 226/1998 (Pradhan, Gaon Sabha Mirzapur, Jagdishpur v. Bechan @ Bechai and others) was filed. After hearing Additional District Judge, Court No.-2, Azamgarh had allowed the said appeal by judgment dated 19.09.2015 and dismissed the original suit. Then plaintiffs of original suit had filed this second appeal against the judgment of first appellate court.